( 2025:HHC:34404 ) IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWPIL No.74 of 2025 Decided on: 9th October, 2025 Court on its own motion .......Petitioner versus State of H.P. and others ...Respondents Coram The Hon’ble Mr. Justice G.S.Sandhawalia, Chief Justice. The Hon’ble Mr.Justice Jiya Lal Bhardwaj, Judge. Whether approved for reporting?1 For the petitioner: Nemo. For the respondents: Mr.Govind Korla, Additional Advocate General. G.S. Sandhawalia, Chief Justice (Oral) The present Public Interest Litigation has been initiated on account of the fact that a R.T.I. activist had brought to our notice there are six prisoners languishing in five different jails of Himachal Pradesh despite the grant of bail. The necessary affidavit has been filed wherein details of such persons have been given. This Court is now only concerned regarding two persons, who are under trial and have been granted bail and have not been released as they 1 Whether the reporters of Local Papers may be allowed to see the judgment? Yes. ( 2025:HHC:34404 ) 2 could not furnish the surety bonds and are liable to be released on personal bonds. 2. It is to be noticed that under-trial Sugreev Chand is lodged in case FIR No.31 of 2014 dated 05.02.2014, under Sections 353 and 332 IPC, Police Station, Jawalamukhi, District Kangra, H.P. and presently in Open Air Correctional Home, Dharmashala, District Kangra, H.P. The bail has been granted to him by the learned Additional Chief Judicial Magistrate, Dehra, District Kangra, H.P. on 19.06.2025, subject to his furnishing personal bond in the sum of Rs.50,000/- with one surety, in the like amount and the matter is pending with the trial Court for reduction of bail bond amount. Apparently, he is not able to comply with the said condition and thus, continued to stay in the jail. 3. Similarly, Majju Satish Kumar, is lodged in case FIR No.122 of 2021 under Sections 457, 380 and 201 IPC, Police Station, Palampur, District Kangra, H.P. and presently in Open Air Correctional Home, Dharmashala, District Kangra, H.P. The bail has been granted by learned Additional Chief Judicial Magistrate, Palampur, District Kangra, H.P. on 11.07.2025, subject to personal bond of Rs.50,000/- with two sureties in the like amount. There is reference of another FIR ( 2025:HHC:34404 ) 3 No.18 of 2023 under Section 379 IPC, Police Station, Palampur, District Kangra, H.P. registered against him. 4. We are of the considered opinion that the concerned CJMs shall accordingly modify the bail orders by directing them to furnish personal sureties, keeping in view the law laid down in Moti Ram and others vs. State of Madhya Pradesh (1978) 4 SCC 47, wherein it has been held that only on account of the fact that a person has not been able to furnish the surety bonds, he cannot be kept in custody. In the said case, the surety was of Rs.10,000/- for a mason and in such circumstances, a direction to release the petitioner on his own bond in the sum of Rs.1,000/- was granted. 5. Similarly, in Gudikanti Narasimhulu and others vs. Public Prosecutor, High Court of Andhra Pradesh (1978) 1 SCC 240, similar principle was followed that the focus should be on freedom and fair administration of justice and the person should be enlarged on bail on his/her own bond. 6. In Girish Gandhi vs. State of Uttar Pradesh (2024) 10 SCC 674, it was held that excessive and onerous ( 2025:HHC:34404 ) 4 conditions would defeat the very purpose and object of release on bail. 7. Accordingly, the concerned Chief Judicial Magistrates shall modify the orders and release the petitioners on their own personal bonds 8. Resultantly, the present petition has been rendered infructuous and the same is disposed of as such. 9. A copy of this order be conveyed to the Courts concerned for compliance. ( G.S. Sandhawalia ) Chief Justice ( Jiya Lal Bhardwaj ) October 09, 2025 Judge (naveen)